O-1 is a nonimmigrant, employment-based visa classification for aliens of extraordinary ability in the sciences, education, business, or athletics. International Services will file this application for qualified individuals holding academic positions who may not qualify for H-1B temporary worker status.
An employer must file a petition for the worker, along with evidence of extraordinary ability. Such petitions are a substantial amount of work for the applicant. Typically, the individual’s entire professional career must be documented and supported with evidence. Cornell does not file agent-sponsored O-1 petitions.
Our website has a wealth of information for international faculty and staff. We would be happy to discuss the O-1 application with interested international faculty or staff via Zoom. Please complete our consultation form. The form can be found under the "University Employment" section.
O-1 Petition Requirements
To qualify for an O-1 visa, the beneficiary must demonstrate extraordinary ability by sustained national or international acclaim and must be coming temporarily to the United States to continue work in the area of extraordinary ability.
Requirements
- Cornell employment in an academic position. A letter from the hiring department or unit must specify the dates for which work authorization is being requested.
- Employment term of no more than three years
- Filing fee, payable by check to U.S. Department of Homeland Security
- Copies of CV and diploma
- Written opinions from recognized expert(s) in the alien's area of ability that attest to the qualifications and value of the O-1 applicant's contribution to the field of specialty
- Evidence of recognition, nationally and internationally, as extraordinary in the field of specialty (see application instructions)
- Copy of previous O-1 I-797 approval notice(s), if applicable, and other immigration documents
O-1 Extensions
An initial O-1 petition can be filed for up three years. Subsequent extensions may be for no more than one year at a time. There is no limit to the number of possible one-year extensions. Once an O-1 has been approved, subsequent extensions require a completely NEW reassessment of the O-1’s extraordinary contribution to the field.
Requirements
- O-1 request and support letter from hiring department or unit. The proposed extension must not exceed one year.
- Filing fee, payable by check to U.S. Department of Homeland Security
- Copies of CV and diploma
- Copy of current I-94 card
- Evidence of recognition, nationally and internationally, as extraordinary in the field of specialty (see application instructions)
- Copies of previous O-1 I-797 approval notice(s) and other immigration documents
Release of Controlled Technology
Export Administration Regulations (EAR) and International Traffic in Arms Regulations (ITAR) determine whether a license is required from the U.S. Department of Commerce or the U.S. Department of State to allow an international employee access to controlled technology or technical data.
Non-Cornell O-1s
It is possible for an individual, agent, or attorney to petition for O-1 status. For example, an agent could submit a petition for a famous personage to go on a speaking tour at multiple U.S. locations.
In these cases, non-Cornell O-1s may be paid only if Cornell University was named in the O-1's original I-129 petition to U.S. Citizenship and Immigration Services.
Two-Year Rule
Individuals who are subject to the two-year home-country residency requirement under previous J-1/J-2 classification are eligible to apply for an O-1 visa.
Such individuals, however, are not eligible for a change to O-1 status within the United States. They must apply for an O-1 visa abroad and reenter the United States with O-1 status.
